LEGISLATION
Mandatory Suspension as a New
Minimum Penalty for Sexual
Abuse
The Act provides that a panel of the
Discipline Committee must suspend
a member’s certificate of registration
where it makes a finding of sexual
abuse unless the penalty ordered was
revocation. For example, if the sexual
abuse consisted of remarks of a sexual
nature, with no other findings, the
penalty must include, at a minimum, a
suspension.
Mandatory Reports for Sexual
Abuse
The Act increases fines for those who
have failed to make a mandatory report
regarding sexual abuse. The fine for
failure for a member to report sexual abuse is in-
creased from not more than $25,000 to not more than
$50,000.
When a regulated health-care professional has reason-
able grounds, obtained in the course of practising the
profession, to believe that another regulated health-care
professional has sexually abused a patient, they must file
a report in writing with the Registrar of the college to
which the alleged abuser belongs. The College’s Manda-
tory and Permissive Reporting policy further describes
the reporting obligation and provides guidance about
how to file such a report.
Increased Information on a Health Regulatory
College’s Register
The Act also includes a number of transparency related
amendments - most of which this College had proactively
addressed through its Transparency Initiative over the last
several years.
What is new to the College, however, is the notation
of cases where no finding was made in a discipline hear-
ing, that is, the allegations against the member were not
proved. Previously, we had reported in Dialogue on the
outcome of these cases without identifying the physician.
Now, in cases where no finding of professional misconduct
or incompetence is made against the physician, this result,
and the reasons for it, are posted to the member’s profile
on the public register for 90 days and then removed – un-
less the physician specifically requests otherwise before the
90 days expires.
Collection of Information by the
Colleges for the Minister and Others
The provisions expand the requirement for colleges
to collect information, at the request of the Minister,
directly from members of the college as is reasonably
necessary for the purpose of not only health human
resources planning but now also for research in respect
of health human resources planning. The Minister may
only use or disclose this information for these purposes.
This information could include personal information
about members, but does not include personal health
information. The Minister will not collect personal
information if other information will serve its purposes.
PROVISIONS NOT YET IN FORCE:
Definition of Patient for the Purposes of Sexual
Abuse
The word “patient”, in relation to an act of sexual abuse,
will be defined to include any individual who was a
member’s patient within one year from the date on
which the individual ceased to be the member’s patient,
or a period longer than that if a regulation is passed
ISSUE 3, 2017 DIALOGUE
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